Sopan Baburao Rajbinde v. The Executive Engineer Lower Dudhana Project Division Sailu And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6484 OF 2016 IN FA/276/2016 WITH CA/6485/2016 IN FA/271/2016 WITH CA/6486/2016 IN FA/272/2016 WITH CA/6487/2016 IN FA/274/2016 WITH CA/6488/2016 IN FA/275/2016 WITH CA/6489/2016 IN FA/273/2016 WITH CA/6490/2016 IN FA/230/2016 WITH CA/6491/2016 IN FA/233/2016 WITH CA/6493/2016 IN FA/232/2016 WITH CA/6494/2016 IN FA/231/2016 SHAHURAO BAPURAO RAJBINDE

VERSUS

THE EXECUTIVE ENGINEER LOWER DUDHANA PROJECT DIVISIONSAILU AND ANR ...

Advocate for Applicant : Smt. Rakh Asha D.

Advocate for respondent No.1: Mr. Shyam Arora and Mr. S.G. Bhalerao AGP for Respondent No.2: Mr. K.D. Mundhe .....

CORAM : V. K. JADHAV, J.

DATED : 5th MAY, 2016 PER COURT:- 1.

Heard both sides.

2.

Mr. Bhalerao, learned counsel appearing for respondent No.1 acquiring body, in civil applications Nos. 6490 of 2016, 6491 of 2016, 6493 of 2016 and 6494 of 2016 submits that the Reference Court has awarded exorbitant amount of compensation and strongly resisted these applications for withdrawal amount. Learned counsel Mr. Arora appearing of the respondent-acquiring body in remaining civil applications, has no objection, if the applicants are permitted to withdraw the amount by imposing certain conditions.

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In view of the above, the following order wold meet the ends of justice.

I) The applicants in these civil applications are permitted to withdraw 50% of the amount on furnishing undertaking to the satisfaction of Registrar (Judicial) of this Court and 25% of the amount on furnishing solvent surety to the satisfaction of Registrar (Judicial) of this Court. II) The remaining 25% amount shall be kept in fixed deposit in any Nationalized Bank, initially for a period of three years and fixed deposit shall be renewed thereafter from time to time, till disposal of appeals.

III) Civil applications are disposed of.

( V. K. JADHAV, J.) rlj/